 | Esek Cowen - 1841 - 590 страници
...trover, however, evidence of an actual, forcible dispossession of the plaintiff is not necessary ; any unlawful interference with the property of another,...exercise of dominion over it. by which the owner is damaged, is sufficient to maintain either action, (rf) And in one case, where a party sold a mill,... | |
 | Joseph Rockwell Swan - 1845 - 680 страници
...forcible dispossession of the property; it is sufficient if there be an unlawful interference with it, or exercise of dominion over it, by which the owner is damnified. 80 A sale of a chattel without a delivery, gives the vendee a constructive possession, sufficient to... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - 712 страници
...replevin or trespass it is not necessary to show an actual, forcible dispossession of the plaintiff. Any unlawful interference with the property of another,...the owner is damnified, is sufficient to maintain either action. As a sheriff, by levying on goods and chattels which are not the property of the defendant... | |
 | New York (State). Court of Appeals, Nathan Howard (Jr.) - 1855 - 884 страници
...correct. But it has no application in this case. The counsel for the plaintiff on the argument insisted that any unlawful interference with the property of...or exercise of dominion over it, by which the owner was damnified, was sufficient lo maintain replevin for taking, or trespass de bonis, and JlQen v. Crary,... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1868 - 724 страници
...wrongful, are themselves wrongdoers, and responsible for all damages. (2 Comst. 517. 5 Denio, 92.) Any unlawful interference with the property of another, or exercise of dominion over it, is a trespass. (10 Wend. 349, 350. 12 John. 484. 9 Wend. 167.) Assuming a right to dispose of property... | |
 | John Neilson Taylor - 1869 - 820 страници
...in trespass, even for an injury done to the freehold.2 An actual dispossession is not necessary, but any unlawful interference with the property of another,...exercise of dominion over it, by which the owner is injured, is sufficient to maintain this action.3 But where a defendant, claiming a sum of money to... | |
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 724 страници
...liable for the same in replevin (Latimer v. Wheeler, 38 N. T., 468 ; Nichols v. Michaels, 23 NT, 264). The rule is that any unlawful interference with the...is damnified, is sufficient to maintain the action (Latimer v. Wheeler, 38 K Y., 475). Defendant's Points. The original taking being wrongful, no demand... | |
 | New York (State), William Wait - 1871 - 1034 страници
...of the property, the plaintiff can recover the value of the goods. Ellis v. Lersner, 48 Barb. 539. Any unlawful interference with the property of another,...is damnified, is sufficient to maintain the action. Latimer v. Wheeter, 1 Keyes, 468 ; Äff 'g SC 30 Barb. 485. See Allen v. Crary, 10 Wend. 349; Dunham... | |
 | New York (State). Court of Appeals - 1873 - 684 страници
...Barb. 79) ; and the action either in the cepit or detinet would lie in such cases. Cumming v. Vorce, 3 Hill, 282. In all such cases the defendant never...interference with the property of another, or exercise of domion over it, by which the owner is damnified, is sufficient to maintain the action. Allen v. Crary,... | |
 | New York (State). Court of Appeals - 1873 - 684 страници
...Barb. 79); and the action either in the cepit or detinct would lie in such cases. Cumming v. Vorce, 3 Hill, 282. In all such cases the defendant never...interference with the property of another, or exercise of domion over it, by which the owner is damnified, is sufficient to maintain the action. Allen v. Crary,... | |
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The rule is, that any unlawful interference with the property of another, or exercise of dominion over it, by which the owner is damnified, is sufficient to maintain the action. 
